[Amended 12-19-2013 by L.L. No. 5-2013]
A.
The purpose
of this article is to promote the health, safety, and general welfare
of the residents of the Town of Stillwater; to provide standards for
the safe provision of telecommunications consistent with applicable
federal and state regulations; to minimize the total number of telecommunications
towers in the community by encouraging shared use of existing and
future towers and the use of existing tall buildings and other high
structures; and to minimize adverse visual effects from telecommunications
towers by requiring careful siting, visual impact assessment, and
appropriate landscaping.
B.
Section 6409 of the Middle Class Tax Relief and Job Creation Act
of 2012 in effect mandates that, notwithstanding Section 704 of the
Telecommunications Act of 1996 or any provision of law, a state or
local government may not deny, and shall approve, any request relating
to an eligible facility for a modification of an existing wireless
tower or base station that does not substantially change the physical
dimensions of such tower or base station. A request relating to an
eligible facility, in accordance with the Middle Class Tax Relief
and Job Creation Act of 2012, means any request for modification of
an existing wireless tower or base station that involves:
C.
Any request made pursuant to § 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 shall follow the application process of the Stillwater Town Code § 210-69, Shared use of existing tall structures.
D.
Pursuant to FCC Declaratory Ruling WT Docket No. 08-165, November
18, 2009, the "reasonable period of time" for state and local zoning
authorities to act on a request for expansion of wireless networks
is 90 days for processing a co-location application and 150 days for
processing applications other than co-locations.
A.
No telecommunications tower, except those approved
prior to the effective date of this article, shall be used unless
in conformity with this article. No telecommunications tower shall
hereafter be erected, moved, reconstructed, changed or altered unless
in conformity with this article. No existing structure shall be modified
to serve as a telecommunications tower unless in conformity with this
article.
B.
Applicants proposing to co-locate on a previously approved telecommunications tower do not require a special permit. They are, however, subject to site plan review in accordance with Article VI. The Planning Board may require the applicant to submit any of the items under § 210-74 below as part of the site plan review process.
C.
These regulations shall apply to all property within
the Industrial ID District. Telecommunications towers shall be specifically
excluded from all other zones.
D.
Applications for construction of new telecommunications
towers shall comply with the Code of Federal Regulations pertaining
to objects affecting navigable airspace, as delineated within Federal
Aviation Regulations (FAR), Part 77. Additionally, no application
for construction of a new telecommunications tower will be approved
if the proposed tower violates the criteria for obstructions to air
navigation as established by FAR Part 77, Subpart C, Obstruction Standards.
At all times, shared use of existing tall structures (for example municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers (see § 210-68B above) shall be preferred to the construction of new towers.
A.
An applicant proposing to share use of an existing
tall structure shall be required to submit:
(1)
A completed application for a special permit.
(2)
Documentation of intent from the owner of the existing
facility to allow shared use.
(3)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required in order to certify to the above.
(5)
A completed short EAF and a completed visual EAF addendum.
(6)
A copy of its Federal Communications Commission (FCC)
license.
B.
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection A above, and if modifications indicated according to Subsection A are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all SEQRA provisions, the Planning Board shall grant a special permit without further review under this article. If the Planning Board determines that any modifications indicated according to Subsection A are significant, it may require further review according to §§ 210-74 through 210-83 below.
The Board may consider a new telecommunications
tower when the applicant demonstrates that shared use of existing
tall structures and existing or approved towers is impractical. An
applicant shall be required to present an adequate report inventorying
all existing tall structures and existing or approved towers within
a reasonable distance of the proposed site. This distance shall be
determined by the Planning Board in consultation with the applicant.
The report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good-faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with § 210-70 above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of §§ 210-74 through 210-83 below.
The Planning Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in § 210-70 above, and when the Planning Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with § 210-71. Any proposal for a new telecommunications tower shall also be subject to the requirements of §§ 210-74 through 210-83 below.
The applicant shall design a proposed new telecommunications
tower to accommodate future demand for reception and transmitting
facilities. The applicant shall submit to the Board a letter of intent
committing the owner of the proposed new tower, and his/her successors
in interest, to negotiate in good faith for shared use of the proposed
tower by other telecommunications providers in the future. This letter
shall be filed with the Building Inspector prior to issuance of a
building permit. Failure to abide by the conditions outlined in the
letter may be grounds for revocation of the special permit. The letter
shall commit the new tower owner and his/her successors in interest
to:
A.
Respond within 90 days to a request for information
from a potential shared-use applicant.
B.
Negotiate in good faith concerning future requests
for shared use of a new tower by other telecommunications providers.
C.
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include but is not limited to a prorated share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
A.
An applicant shall be required to submit a site plan in accordance with Article VI. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
B.
Supporting documentation. The applicant shall submit
a complete short EAF, a complete visual environmental assessment form
(visual EAF addendum), and documentation on the proposed intent and
capacity of use as well as a justification for the height of any tower
and justification for any clearing required. The applicant shall also
submit a copy of its Federal Communications Commission (FCC) license.
C.
Lot size and setbacks. All proposed telecommunications
towers and accessory structures shall be located on a single parcel
and shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on site all icefall or debris
from tower failure and to preserve the privacy of any adjoining residential
properties.
(1)
The lot size of parcels containing a tower shall be
determined by the amount of land required to meet the setback requirements.
If the land is to be leased, the entire area required shall be leased
from a single parcel, unless the Board determines that this provision
may be waived.
(2)
Telecommunications towers shall comply with all existing
setback requirements of the underlying zoning district or shall be
located with a minimum setback from any property line equal to 1/2
of the height of the tower, whichever is greater. Accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district.
D.
Visual impact assessment. The Planning Board may require
the applicant to undertake a visual impact assessment, which may include:
(1)
A Zone of Visibility Map shall be provided in order
to determine locations where the tower may be seen.
(2)
Pictorial representations of "before" and "after"
views from key viewpoints, both inside and outside of the Town, including
but not limited to: State highways and other major roads, State and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Planning Board
shall determine the appropriate key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
Alternative designs shall be considered for
new towers, including lattice and single-pole structures. The design
of a proposed new tower shall comply with the following:
A.
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
B.
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
C.
The maximum height of any new tower shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature, in accordance with municipal, State and/or Federal
law and/or regulation. The Planning Board, at its discretion, may
modify this requirement if the applicant can justify the need to exceed
this height limitation.
D.
The Planning Board may request a review of the application
by a qualified engineer in order to evaluate the need for, and the
design of, any new tower. The cost of this review shall be borne by
the applicant.
E.
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
F.
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners, and streamers.
Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to the approval of the special permit.
Deciduous or evergreen tree plantings may be
required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts,
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion potential.
Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
number of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard.
The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the Board. This requirement may be waived by the Planning Board
if the applicant demonstrates that such measures are unnecessary to
ensure the security of the facility.
The applicant shall submit to the Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this article). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XVIII. The Planning Board may, at its discretion, also require the submission of a letter of credit guaranteeing the removal.
In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
tall structure or existing telecommunications tower in a neighboring
municipality be considered for shared use, and to assist in the continued
development of County 911 services, the Planning Board shall require
that:
A.
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders Stillwater, the Saratoga County Planning Board, and the
Director of Saratoga County Emergency Services. Notification shall
include the exact location of the proposed tower and a general description
of the project, including but not limited to the height of the tower
and its capacity for future shared use.
B.
Documentation of this notification shall be submitted
to the Board at the time of application.
The applicant shall be required to mail notice
of the public hearing directly to all landowners whose property is
located within 500 feet of the property line of the parcel on which
a new tower is proposed. Notice shall also be mailed to the administrator
of any State or Federal parklands from which the proposed tower would
be visible if constructed. Notification, in all cases, shall be made
by certified mail. Documentation of this notification shall be submitted
to the Planning Board prior to the public hearing.
